State v. Carter

In this criminal proceeding, the state appeals from the trial court’s order granting defendant’s motion to suppress evidence. We are called on to address whether a search warrant that authorizes a search, but fails to authorize a seizure, provides police with legal authority to execute the search described in the warrant, so that items encountered during the search and immediately recognized as contraband or evidence of a crime may lawfully be seized under the “plain view” exception to the warrant requirement. The trial court held that such a warrant is invalid on its face because it does not…